Mr. Theobald called the meeting to order at 7:01 p.m.

Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting has been provided to the public and the press on January 21, 2015 by delivering to the press such notice and posting same at the municipal building and filed with the office of the Township Clerk.

Salute to the Flag

Roll Call    Also Present
Mayor Shortway NP   Cory Stoner, Board Engineer
Diane Wexler P   Glenn Kienz, Esq., Board Attorney
Councilmember Murphy NP   Jessica Caldwell, Board Planner
Martin Theobald P   Kim Decker, Board Secretary
Richard Spoerl NP   Carole Baksa, Board Recording Secretary
Joseph Tadrick P    
Andrea Cocula P    
Ed Rolando P    
Jessica Paladini P    
Willard McPeek (#1 Alt) NP    
Michael Whitaker (#2 Alt) P    
David Nieves (#3 Alt) P    
Kristi Raperto (#4 Alt) NP    

Mr. Theobald advised that Mayor Shortway and Councilmember Murphy would not be attending because they couldn’t hear a use variance and Mr. Spoerl and Mr. McPeek had notified the board that they would not be present.

Public Hearings

LU# 7-16-7: LGWS, Inc., Block 261, Lot 5, - Minor Site Plan with Use and Bulk Variances to Install a Canopy over Existing Fuel Pumps and Relocate the Existing Freestanding Sign

Megan Ward, attorney for the applicant, came forward with Eric Keller, professional engineer and planner for the applicant. Mr. Keller was sworn in and testified as to the lighting and overall scope of the project. Mr. Keller had color renderings of the site plan (Exhibit A1) dated 8/9/16. Mr. Keller testified that the intention was to remove the existing twin light fixtures and replace them with 12 LED energy efficient fixtures, which will be flush/recessed. The pylon sign will be moved to the corner of Andrea Drive and the canopy will be white acrylic coated metal with a red band and red letters and will be lit internally. The existing concrete paving/curbing will remain. In the rear of the building, there are currently 22 vehicles, a trailer and four sheds

It was discussed that there needs to be some cleanup of the site including, but not limited to, tires, parts, and unregistered vehicles. No outside storage will be permitted on sidewalks; this will be contained in the back of the building in the fenced in area. Landscaping needs to be installed around the pylon sign and in front of canopy (not to exceed 24" in height). Temporary sale signs need to be cleaned up, propane storage will be limited to two cabinets and the signs to advertise promotions on light posts will be limited to 10 sf. There will be 9 parking spaces (none in front of the bay doors). The applicant stated that the site had been patched/sealcoated last week. Mr. Stoner will be inspecting to see if the patching is adequate. Before a memorializing resolution is passed, applicant will submit a sign packet detailing what signs are to be added as well as what is being removed. A lighting plan will also be submitted.

Open to the Public

No one from the public wished to speak.

Closed to the Public

Motion: A motion was made by Mr. Rolando and seconded by Ms. Cocula to approve the above application with all conditions of the engineer and planners’ reports (outlined above), remove all outside storage and vehicles in the front and back of building, disabled vehicles are to remain for no longer than 30 days and rear storage will be limited to 20 cars, 1 camper/motor home, a tow truck, a trailer and four sheds. An ice machine will be permitted and all free-standing signs will be removed. Two parallel parking spaces will be added on the southwest side of the building. Also, it is not permitted to have anyone living in the mobile home on the site. The sidewalk is also going to need to be made handicap accessible and the trash dumpster will remain where it is currently, behind the white fence.


The applicant requested a waiver of the reading of the resolution so they may begin acquiring building permits for the canopy only.

Motion: Ms. Cocula made the motion to approve the waiver and Ms. Paladini seconded. All were in favor. Passed.

Public Participation

Open Meeting to the Public for Items Other than Those Listed on the Agenda

Close Meeting to the Public

Mr. Duncan Cameron came forward on behalf of his client, Taco Bell, in order to discuss and get sign off for building materials and colors. The paving stones will match CVS, the trim/fascia color will be Rook Wood Clay, hardy planking will be Camelback, the shingles will be Charcoal and the stonework will be Plum Stone. The vinyl fences will be tan in color with the height of 4 feet along the front and 6 feet in the rear.

The board found the color schemes acceptable and Mr. Cameron will send a picture of his display showing colors and materials to Ms. Decker for the record.

Mr. Eric Card, 429 Phillips Rd, Highland Lakes, came forward to discuss concerns over difficulties and perceived economic hardship in building a detached garage on his property. Mr. Card would like to add a detached garage virtually the same size of the footprint of his home. Mr. Card was concerned because he was told that this project would cost him in excess of $30,000. Attorney Kienz suggested that he submit an application for a C variance and to hire an engineer, architect or surveyor who was accustomed to appearing before our board. Mr. Card will have names of professionals supplied to him by Ms. Decker.


LU# 7-16-6: Anthony DeGregorio - Block 133.02, Lot 1, - Bulk Variance for an Addition

Motion: Ms. Cocula made a motion to pass the above resolution and Ms. Wexler seconded. ROLL CALL: WEXLER: Y, THEOBALD: Y, TADRICK: Y, COCULA: Y, ROLANDO: Y, PALADINI: Y, WHITAKER: Y, NIEVES: Y. Passed.


July 27, 2016: Regular Meeting Minutes

Motion: Ms. Paladini made a motion to approve the above minutes. Mr. Tadrick seconded the motion. ROLL CALL: WEXLER: Y, THEOBALD: Y, TADRICK: Y, COCULA: Abstained, ROLANDO: Y, PALADINI: Y, WHITAKER: Y, NIEVES: Y. Passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

  1. Board Fees
    1. Board Attorney: Glenn Kienz, Weiner Lesniak LLP
      1. Land Use Board Business—($0)
    2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business—($0)
    3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business—($0)
    4. Board Recording Secretary—Carole Baksa - ($0)

An invoice was read in to pay Carole Baksa, recording secretary $45.00 for July 27, 2016 minutes.

Motion: A motion was made to approve the above invoice by Mr. Tadrick and seconded by Ms. Cocula. All were in favor. Passed.

  1. Request for Escrows to Be Closed
    1. None

Status of Pending Applications

LU# 7-16-5: Waheguru Gas, LLC - Minor Site Plan with Use and Bulk Variances to Install a Canopy over Existing Fuel Pumps

Mr. Stoner discussed a plan submitted by Mountain Creek to regrade the snowtubing area and put a wall along Route 94 and also to pave the bus dropoff area. Mr. Stoner will have jurisdiction to oversee the project with no need for the applicant to come before the board.


A motion was made by Mr. Tadrick to adjourn the meeting and seconded by Ms. Cocula. All were in favor. Meeting was adjourned at 9:05 p.m.

These minutes were transcribed by Carole Baksa on August 20, 2016.